Germany has recently taken a chilling new step, signalling its willingness to use political views as grounds to curb migration. Authorities are now moving to deport foreign nationals for participating in pro-Palestine actions. As I reported this week in the Intercept, four people in Berlin – three EU citizens and one US citizen – are set to be deported over their involvement in demonstrations against Israel’s war on Gaza. None of the four have been convicted of a crime, and yet the authorities are seeking to simply throw them out of the country.
The accusations against them include aggravated breach of the peace and obstruction of a police arrest. Reports from last year suggest that one of the actions they were alleged to have been involved in included breaking into a university building and threatening people with objects that could have been used as potential weapons.
But the deportation orders go further. They cite a broader list of alleged behaviours: chanting slogans such as “Free Gaza” and “From the river to the sea, Palestine will be free”, joining road blockades (a tactic frequently used by climate activists), and calling a police officer a “fascist”. Read closely, the real charge appears to be something more basic: protest itself.
It can’t, municipalities and states can, and the EU law allowing for this requires showing they’re a threat to public safety (which is why it’s not a federal matter the federation doesn’t do public safety). The Berlin state government wants to expel some people, so far no other state has made similar moves, and it’s very questionable whether Berlin courts will let them do it. And then there’s federal courts. And then the ECJ.